S. Brannigan: Question is Board of Assessment Review elected as it is now and are the positions staggered?

Transcription

1 1. Call to order and Pledge of Allegiance by R. Strach. 2. Roll call by recording secretary. Members attending: Mary Manning-Morse, Kirk Loiselle, Ruth Strach, Erika McCormick, Steve Brannigan, Stephen Hopkins, Ted Pryzbyla and Brian Carpenter. Absent: Terry Nolin Also in attendance: Attorney Wyatt Brochu 3. Approval of January 23 minutes. M. Morse: Motion to table approval of the minutes. E. McCormick: Second All in Favor Yes 4. Continued discussion and/or preliminary vote on Department of Finance including, but not limited to: Treasurer, Finance Director, Tax Assessor, budget, FTM, etc. S. Brannigan: Question is Board of Assessment Review elected as it is now and are the positions staggered? B. Carpenter: Were staggered and got messed up somewhere along the line so we are trying to fix. R. Strach: So on the messed up terms, what is the procedure? Attorney Brochu: It is not something you are concerned about, but going forward the council should have a conversation with the clerk. A plan should be put together on how to remedy that. R. Strach: Appointed going forward or keep those positions elected? Attorney Brochu: Brian, how often do you meet? B. Carpenter: Last year we did not meet at all; Karen does a wonderful job. R. Strach: Motion to keep it as elected. B. Carpenter: We abandoned the election of clerk and treasurer. Should this also be appointed by the council? 1

2 M. Morse: What are the qualifications? B. Carpenter: Right now, we have 2 realtors and Ted Richard was just elected, before that was Roger Medbury. E. McCormick: Appointed so we can get qualified people? M. Morse: For the first charter draft, we leave it elected if there does not seem to be a problem with it now. T. Pryzbyla: I think that there is no greater frustration for the people in the town than going before a board of unqualified people. The Town can get themselves in a lot of trouble if they do not do things right. R. Strach: We have been lucky with qualified elected people. Attorney Brochu: It is not lucky, but sometime seems like that. I have represented very diversified boards. It is highlighted in Scituate because you do not have a full time planner, in Narragansett they had a rogue planning board. Check with appointed verses elected. R. Strach: Audience comments? Linda Carlow Westcott Rd.: Radical changes in this charter to the current system. Keep it simple, if is not broken do not fix it. Tim McCormick Trimtown Road: I feel just the opposite. S. Brannigan: I take issue with the description radical changes. If we start using language like that we can quit now. The majority of charters have appointed. I found (1) other elected. R. Strach: I am the one who encouraged Steve to stay with elected; I was also thinking if it is not broken do not fix it. Attorney Brochu: Think about a standard model. The people elect the Town Council and if the people are unsatisfied, it is only 2 years. The board of review is very similar to your other boards and commissions and they tend to be appointed and for longer terms. B. Carpenter: Most of the boards and commissions are appointed with no compensation, except for the board of review. E. McCormick: Motion that the Board of Assessment review be appointed by the Town Council with the recommendation of the Town Manager. Attorney Brochu: The Council that is requesting, this is not staff positions. E. McCormick: Amend and add: to be appointed by the Town Council omitting the Town Manager. 2

3 Attorney Brochu: Stipends can be left broad. S. Brannigan: Second E. McCormick: Not making a motion on the language just on the appointment? All in favor: Yes: R. Strach, S. Hopkins, S. Brannigan, E. McCormick and T. Pryzbyla Recused: B. Carpenter No: K. Loiselle and M. Morse: opposed Motion approved by majority M. Morse: Read the appointment of board of assessment review into the record: E. McCormick: No term limit S. Brannigan: Vacancies shall be filled by the Town Council for the unexpired term might need to go away. As well as the next paragraph. M. Morse: Current board issue. B. Carpenter: We did elect 2 people this year. S. Brannigan: I have not committed my mind to the math yet, but it appears all 3 will be elected at once. I think people should finish their 6 year terms. Attorney Brochu: We look at the terms now and tweak the language if necessary. R. Strach: We can revisit those places. S. Brannigan: 1113 ok S. Brannigan: 1114 ordinance? Attorney Brochu: Not sure if we have one. S. Brannigan: There is some type of procedure that you get regarding appeal procedures. M. Morse: When Wyatt checks to see if we have a procedure, if we have an ordinance then we would not have anything to do. R. Strach: Everyone ok with this? S. Brannigan: Right of appeal is standard. B. Carpenter: State mandated. 3

4 S. Brannigan: I saw it in every charter that I looked at. B. Carpenter: The detail is overkill. Attorney Brochu: Reference to any town ordinance and state statutes. All governed by state law. S. Brannigan: The charter is for the people of this town. The average person might want to know what their rights are. You do not want the tax payer to have to go looking to find out what the statutes are. R. Strach: Language is as clear as possible. What is important and what is not? B. Carpenter: I think every time you receive a revaluation notice it spells it out. S. Brannigan: You have 30 days after you receive your tax bill. B. Carpenter: I am not opposed to leaving it in. R. Strach: Accept with possible reconsideration? M. Morse: Does this mean you can appeal beyond the Board of Review? B. Carpenter: Yes, the District Court of Appeals. M. Morse: Written on your tax bill? B. Carpenter: I do not know, however, when you go before the Board of Review they tell you. Attorney Brochu: The purpose of the charter is not to spell out to the resident the how. It is about creating the board and what their authority is. He reads language from another town. The purpose is creation and authority. Keep in perspective the concepts. M. Morse: Right of appeal is the right of the resident, not a duty or authority of the board. Attorney Brochu: Looks larger than it is. M. Morse: Falls under procedure. S. Brannigan: Move on. E. McCormick: Not worth getting hung up on. S. Hopkins: We need something clear and concise; and reads another charter. S. Brannigan: Might be more work but simpler. R. Strach: Simple according to R.I.G.L. 4

5 R. Strach: Section Tax Collector. T. Pryzbyla: Appointed by Town Council upon recommendation of the Town Manager, however they report to Finance Director? S. Brannigan: In practice, the Finance Director T. Pryzbyla: Town Council can appoint with political pressure. I want a tax collector that does their job. S. Brannigan: Tax Assessor is going to be appointed by? T. Pryzbyla: I have been in charge of the Tax Collector and there are problems when the appointments have become political. I would like something that says the Finance Director has a say in this. R. Strach: Town Council on recommendation of the Town Manager and the Finance Director? T. Pryzbyla: Somewhere the Finance Director has say. S. Brannigan: Finance Director has say for all positions in the Finance Department. T. Pryzbyla: With the language the Finance Director has some say. Attorney Brochu: Finance Director has a lot of incentive to choose a person who will do the job. T. Pryzbyla: Gives a scenario. E. McCormick: Upon recommendation of the Finance Director and the Town Manager? R. Strach: Same language as the deputy appointment. T. Pryzbyla: That works. R. Strach: Since that is where the money is, I support giving the Finance Director the authority. M. Morse: You are setting up a chain of command. I need help with some language. R. Strach: The Town Council upon recommendation of the Town Manager and the Finance Director. Attorney Brochu: Upon nomination by the Town Manager with the approval of the Finance Director. The Finance Director has given approval. M. Morse: Match standard language throughout. R. Strach: When we see all of the charter together, we can make language consistent. Attorney Brochu: You want the Finance Director to have input. This is a fork in the road. If the Manager and the Finance Director disagree then it does not go to the council? 5

6 T. Pryzbyla: I do not have problem with them disagreeing, just want them to have a voice. Attorney Brochu: You can still use the word recommendation. T. Pryzbyla: Want the ability to get qualified employees. R. Strach: I am understanding the word nominate, it is a positive word. Attorney Brochu: Make sure the intent is clear. T. Pryzbyla: Words matter. Recommendation is the word. M. Morse: Highlight all in yellow for further revision? Attorney Brochu: The two of them need to agree before it goes to the council. You can have disfunction in the town government. Know the intent of the commission. If they disagree can, the council make an appointment? R. Strach: Craft some language. E. McCormick: Do we need powers and duties of the job. R. Strach: You ok with that Steve? S. Brannigan: You bet. Attorney Brochu: Put in the general statement, statutory and customary. R. Strach: Review Draft work done by Mary, Steve, Ted and Ruth. E. McCormick: In favor of fiscal year that s more in line with the state. M. Morse: I like it. Attorney Brochu: Ted, is four years long enough for the transition? T. Pryzbyla: There is a cost associated with this. I think we can do it. Attorney Brochu: By ordinance, if you leave that silent then you leave it up to staff. T. Pryzbyla: Use Not more than or sooner. Attorney Brochu: Upon adoption of the charter, the council shall make a plan for the change in fiscal year. R. Strach: I like that. T. Pryzbyla: You give them 6 years and within 1 year have a plan. Attorney Brochu: We could consider bonding. 6

7 T. Pryzbyla: Within 6 months, I want it during the budget cycle. S. Brannigan: It is not 6 month, it is now 5 months? Will not change for 6 years. Attorney Brochu: You are going to create a reserve. T. Pryzbyla: Tighten it up to 3 months. Tim McCormick: Trimtown Road I have not spent the time with Ted regarding this. Acquiring a reserve might be the answer. If you do not have the experience in that role. R. Strach: Hire a consultant? Tim McCormick: You would not have the hiring authority to do that. I think you need to start building a reserve. There are other alternatives. T. Pryzbyla: Special levy, less painful is better. We do not have to put this in the charter. I do not have a problem either way. S. Brannigan: Make a decision. T. Pryzbyla: 1 year to plan and 5 years to execute. I could have done this 10 years ago if they gave me the money. M. Morse: I have 6. R. Strach: Annual audit committee? S. Brannigan: I do not think we need one in the charter. Attorney Brochu: You have one without a charter now. T. Pryzbyla: Ordinances can be changed by the Town Council. S. Brannigan: Audit Committee created by ordinance. Attorney Brochu: You will give the council flexibility on what it does. T. Pryzbyla: Could you just put the appointment of a committee in and omit everything else. E. McCormick: How many towns have audit committees? T. Pryzbyla: Not many Tim McCormick: What is the role of the audit committee? 7

8 T. Pryzbyla: Explains the role of the committee. M. Morse: I am not sure we need to put this in our first charter; it is our framework. T. Pryzbyla: I look at situations that I am aware of. Attorney Brochu: Benefits of this committee is that you are creating a body that is removed from the politics. T. Pryzbyla: I agree, and in North Kingstown I sat on a committee with people with experience. E. McCormick: Can we put this in a charter in the simplest of terms? Attorney Brochu: Standard committee and you can address it with qualifications and terms. R. Strach: This is not the first time that Ted has brought up the subject of the audit committee and his positive experience with one. I am in favor of putting this in the charter. Attorney Brochu: Keep it where it is with broad language that is open ended. Robert Dexter Danielson Pike: People in this town like to come out and volunteer and they are very talented. You will be amazed by the people that will come out, I think. Attorney Brochu: Creating some institutional knowledge in the various entities or to recognized trends. M. Morse: I like the input from Bob. More people included. T. Pryzbyla: I am going to see if it could be put on the agenda and get one started now. Attorney Brochu: Make a note, we can insert language the next time we meet. S. Brannigan: Need to separate the headings from Lapse to Transfer, and then Transfer of Appropriation. T. Pryzbyla: Explains a clear path from audit committee to budget. All budget adjustments approved by Town Council. Attorney Brochu: The council receives notice of deficit. T. Pryzbyla: Review on a quarterly bases. R. Strach: Does this cover Ted s issue? Attorney Brochu: This is fine the way it is drafted. Somewhere in the charter should describe what the town departments are. T. Pryzbyla: The FTM language should define that. 8

9 E. McCormick: We should list what the departments are not boards or commissions. Attorney Brochu: They are two different mechanisms. E. McCormick: Office or agency? Attorney Brochu: They are much more well defined. Make a note to make a connection. R. Strach: Simple list S. Brannigan: What happens when it changes. As defined in budget approved at FTM. Borrowing I put in as a place holder. M. Morse: Special election? S. Brannigan: Borrowing over a certain amount. T. Pryzbyla: I would not feel comfortable that a Town Council could borrow. Suppose they go to the well four times in one year. S. Brannigan: All borrowing had to be approved by FTM, 2 million dollars needed a special referendum. M. Morse: Voter approval, FTM and special election. S. Brannigan: What do we do now? T. Pryzbyla: Everything goes to the voters. S. Brannigan: Then don t change it. Tim McCormick: Does not have voter referendum. Attorney Brochu: Statutes are not letter clear. We could address the language to keep the option open. Referendum gives the voters more time to vote. T. Pryzbyla: I like his language better; we have always struggled with numbers at the FTM. There is a number where we have to go to vote. R. Strach: Give us some language here. M. Morse: Explains the discussion that the legislative charter commission spent so much time on. R. Strach: Reads the legislative charter language. T. Pryzbyla: Language at the FTM. M. Morse: Insert language at the FTM. 9

10 R. Strach: Stop here. S. Brannigan: We just spent 15 minutes on borrowing. 5. Discussion/vote on next meeting date. R. Strach: Let s start with emergency appropriations next week. E. McCormick: If we have drafts read. B. Carpenter: Are we going to meet without Wyatt? Attorney Brochu: I will try to resolve my other conflict. R. Strach: Plan for next week. Attorney Brochu: Yes S. Brannigan: Wyatt if you cannot make it, could you provide written commentary? Attorney Brochu: Yes Attorney Brochu: Be sure to give clarification on what a warrant can modify. E. McCormick: Is there a charter that addresses that? Attorney Brochu: No S. Brannigan: I have written two versions. Attorney Brochu: Fairer to the voters to have a model where there is no surprises. R. Strach: Meeting is here next week. 6. Reminder/update regarding commissioners assigned topics. R. Strach: Willing to set up groups. 7. Audience comments. None 8. Adjournment E. McCormick: Motion to adjourn S. Brannigan: Second All in favor Yes at 9:00 pm Respectfully Submitted by Recording Secretary Theresa C. Yeaw 10